roaringmouse

I seem to remember a few years back they advised people to wait for about a week before going in person, the reason being the delay before the result is in their computer system. Not sure if that's still the case.
Your wife won't have a bank account, including joint with you?

manny1980

We do have a joint account here in the USA but not in the UK as she is not a resident there. Because we are married for 4+ years so I thought it would be better if we just get her entrance visa and then the very first week of landing there, have her LITUK test passed and then go in person for the settlement visa. The reason for this rush is because from what I have heard, from April 2012 new rules maybe in place where everyone has to be in the UK for 5 years before they can apply for permanent residence.

paulpur

no idea if it would work or not , b ut could your wife apply for something like a tesco clubcard at the mothers address where you will be?
its a mailed item with her name and postcode on it so perhaps could work lol , i remember reading somewhere in BE forums that someone did that to register with a GP on their return

grandmaster

Forgive the thread hijack but it's closely related to the OP's post.

I'm returning to the UK next year with my Israeli wife, and I'd like for her to get ILR right from the get-go. We currently live in Israel and we were married in October 2008, but we have been living together since February 2006.

The question is, how best to handle everything? Come in on a holiday visa, apply for ILR and take the test? And what about my 17-year-old stepson? Does he only get ILR if my wife passes the test or can we apply for him straight away?

I'd really appreciate a "recommended course of action" from someone who's been through this as I spoke to the Immigration Advisory Service (for £35+) and they never even mentioned the Life in the UK test!

paulpur

you CANNOT change from tourist visa to settlement visa , so you would need to apply for the settlement visa for your wife before you come to the UK, then once she is here , take the KOL....however, i beleive that since you have not been married and living together for 4years + , that you will need to do the 2years probationary periiod before being able to apply for Indefinate Leave to Remain.
someone may correct me on the 4year requirement as im not 100% on that 1 but i believe its the case that you need to have been married and living outside of the UK for 4years
as for your stepson , im not sure how that works but it could very well be that he requires his own entry clearance visa to come to the UK to stay

grandmaster

The information I was given suggests that as we have been living together for well over four years, she can apply for ILR immediately. To clarify, we've lived together since February 2006 so easily qualify for this.

As my stepson will be 17, he won't require the test and I'm almost certain he will need to apply for the visa in his own right, but I'm curious as the process works if he is applying for ILR right off the bat, but his Mum isn't.

Can any one recommend any reasonably priced UK "guides" who can help us with this? Or can it all be done by ourselves?

manny1980

I believe this person unfortunately gave you the wrong information as the 4+ year rule is specifically for a married outside the UK.

As far as your stepson...that is a tricky one as when he turns 18, he will officially be considered as an 'adult' hence, as you stated, is likely to apply for visa in his own right and using you (parent) as a connection to the UK in the application.

manny1980

Thanks Paul, for your ideas I don't think its worth taking a chance to go there (which will cost us over $2000 in total for both of us) and hope this idea will work...I guess we have now accepted if the rules that changes in April 2012 does effects us where we would have to wait for 5 years before applying for permanent residence then we will just take in stride than get upset about it.

paulpur

i thought that the 4year rule was for married and living outside the UK manny but wasnt entirely sure so didnt want to unequivocally state it hehe
yeah i know what you mean about giving it a go manny , my wife and i will be moving back to the Uk in a couple years but there is no chance of us being able to do it before the changes are implemented so we will just have to deal with whatever rules are in place when we do decide to return...c'est la vie lol

but whatever the case , grandmaster, you will need to apply for settlement visas for your wife and stepson before you enter the UK ...you cannot change their status from a tourist visa once in the UK

grandmaster

Thanks for the advice.

My stepson will still be 17 when we move. However, if he can't get ILR when we do move, things will be difficult owing to his Israeli national service which means that when he leaves the army at 21 he will be on his own with no chance of getting back into the UK. For legal reasons he *must* do the service - no getting out of it.

Is there any kind of UK-based helpline we can access?

roaringmouse

No it's not.

You need to look at Para 295B (i)(b) of the Immigration Rules. It also currently applies to couples unmarried, but living together in a relationship akin to marriage, for 4+ years outside the UK.

The same rule pertaining to married couples is in Para 281 (i)(b).

paulpur

thanks for that clarification roaringmouse , i couldnt see that bit when i looked, but atleast i know for future reference hehe

manny1980

Interesting as I was not aware of this. Hopefully, new updates on immigration rules will be furnished sometime this month as the rules are likely to be changed from April 2012 for a married couple (or even unmarried, as you stated above) living outside the UK.